Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations 69287 

1See Flightcrew Member Duty and Rest 

Requirements Final Rule, 77 FR 330, 336–337 (Jan. 

4, 2012). 

2 Id. at 403 (emphasis added). 

3The FAA acknowledges that § 121.470(b) 

governs scheduled operations and § 110.2 defines a 

scheduled operation as a ‘‘passenger-carrying 

operation.’’ Consequently, an all-cargo operation 

may not be able to operate under § 121.470(b) as 

currently written. The FAA is examining this issue 

and may address it in a future regulatory action. 

information security refresher briefings 

for all cleared employees at least 

annually and to provide derivative 

classification training for employees 

authorized to apply derivative 

classifications before exercising this 

authority and then at least once every 2 

years thereafter. This direct final rule 

also gave licensees flexibility in 

determining the means and methods for 

providing this training. In the direct 

final rule, the NRC stated that if any 

significant adverse comments were 

received on the companion proposed 

rule by September 6, 2013 (78 FR 48076; 

August 7, 2013), a notice of timely 

withdrawal of the direct final rule 

would be published in the Federal 

Register. A significant adverse comment 

is one where a commenter explains why 

the rule would be inappropriate, 

including challenges to its underlying 

premise or approach, or would be 

ineffective, or unacceptable without a 

change. The NRC did not receive any 

comments that warranted withdrawal of 

the direct final rule. Therefore, this 

direct final rule was effective as 

scheduled. 

Dated at Rockville, Maryland, this 7th day 

of November 2013. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Office of Administration. 

[FR Doc. 2013–27140 Filed 11–18–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117 and 121 

[Docket No. FAA–2009–1093; Amdt. Nos. 

117–1, 119–16, 121–357] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements; Technical Correction 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical correction. 

SUMMARY: The FAA is correcting the 

final flightcrew member duty and rest 

rule published on January 4, 2012. In 

that rule, the FAA amended its existing 

flight, duty and rest regulations 

applicable to certificate holders and 

their flightcrew members operating 

certain domestic, flag, and supplemental 

operations. This document corrects 

several issues requiring a technical 

correction in the codified text of the 

final flightcrew member duty and rest 

rule. 

DATES: Effective January 4, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Dale E. Roberts, AFS– 

200, Flight Standards Service, Air 

Transportation Division Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–5749; email dale.e.roberts@faa.gov. 

For legal questions concerning this 

action, contact Alex Zektser or Bonnie 

Dragotto, AGC–220, Office of Chief 

Counsel, Regulations Division, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–3073; email: alex.zektser@faa.gov 

or bonnie.dragotto@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 4, 2012, the FAA 

published a final rule entitled 

‘‘Flightcrew Member Duty and Rest 

Requirements’’ (77 FR 330). In that rule, 

the FAA created a new part, part 117, 

which replaced the then-existing flight, 

duty, and rest regulations for part 121 

passenger operations. As part of this 

rulemaking, the FAA also applied the 

new part 117 to certain part 91 

operations, and it permitted all-cargo 

operations operating under part 121 to 

voluntarily opt into the part 117 flight, 

duty, and rest regulations. 

After the final rule was published, the 

FAA discovered several issues requiring 

a technical correction in the regulatory 

text of the rule. These issues, and the 

corresponding technical corrections, are 

as follows. 

Technical Corrections 

1. Certain Domestic All-Cargo 

Operations (§ 121.470(b)) 

Under the existing rules, 14 CFR 

121.470(b) states that ‘‘[c]ertificate 

holders conducting scheduled 

operations entirely within the States of 

Alaska or Hawaii with airplanes having 

a passenger seat configuration of more 

than 30 seats, excluding each 

crewmember seat, or a payload capacity 

of more than 7,500 pounds’’ may elect 

to comply with the flag flight, duty, and 

rest rules of part 121. 

The final rule that created 14 CFR part 

117 provides that all-cargo operations 

that do not choose to operate under part 

117 will be able to operate under the 

same flight, duty, and rest rules that 

they operated under prior to the 

creation of part 117.1 However, the final 

rule inadvertently changed the 

regulatory text of § 121.470(b) to apply 

to airplanes with a passenger seat 

configuration of ‘‘30 seats or fewer . . . 

and a payload capacity of 7,500 pounds 

or less.’’ 2 Because this was not the 

intent of the final rule, § 121.470(b) has 

been corrected so that all-cargo 

operations that previously operated 

pursuant to § 121.470(b) can continue to 

do so after the final rule becomes 

effective.3

2. Conflict Between the Definitions in 

§ 117.3 and Other Definitions 

The regulatory text in § 117.3 has 

been corrected to clarify that if there is 

a conflict in definitions, the definitions 

in § 117.3 control only for purposes of 

the flight and duty limitations and rest 

requirements of part 117. 

3. Reporting Requirements of § 117.11(c) 

Section 117.11(b) permits a flightcrew 

member to exceed the flight-time limits 

of § 117.11(a) and § 117.23(b) in certain 

circumstances. To ensure that the FAA 

is notified in all instances in which the 

§ 117.11(b) extension is utilized, 

§ 117.11(c) has been corrected to clarify 

that reporting is required if the 

extension in § 117.11(b) is used to 

exceed either the limits of § 117.11 or 

§ 117.23(b). 

4. Reporting Requirements of 

§ 117.19(b)(4) 

Similar to § 117.11(b), § 117.19(b) 

permits a flightcrew member to exceed 

the flight-duty-period limits specified in 

Tables B and C and in § 117.23(c). To 

ensure that the FAA is notified in all 

instances in which the § 117.19(b) 

extension is utilized, § 117.19(b)(4) has 

been corrected to clarify that reporting 

is required if the extension in 

§ 117.19(b) is used to exceed either the 

limits of Tables B/C or § 117.23. We 

note that while reporting is not required 

if the limits of Table B or C are exceeded 

by 30 minutes or less, the corrected 

§ 117.19(b) requires certificate holder 

reporting if the limits of § 117.23 are 

exceeded by any amount of time. 

5. Cumulative Limitations in § 117.23(b) 

The cumulative flight-time limitations 

in § 117.23(c) have been corrected to 

clarify that a flightcrew member cannot 

accept an assignment that would cause 

that crewmember’s total flight duty 

period to exceed either 60 hours in any 


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69288 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations 

168 consecutive hours or 190 hours in 

any 672 consecutive hours. 

6. Reporting Requirements of § 117.29(e) 

Similar to § 117.11(b) and § 117.19(b), 

§ 117.29 permits a flightcrew member to 

exceed the cumulative limits specified 

in Tables A, B, and C, and in § 117.23. 

To ensure that the FAA is notified in all 

instances in which the § 117.29(b) 

extension is utilized, § 117.29(e) has 

been corrected to clarify that reporting 

is required if the extension in 

§ 117.29(b) is used to exceed either the 

limits of Tables A/B/C or § 117.23. 

Accordingly, in the final rule, FR Doc. 

2011–33078, published on January 4, 

2012 (77 FR 330), make the following 

corrections: 

§ 117.3 [Corrected] 

■ 1. On page 398, in the second column, 

in § 117.3, the introductory text is 

corrected to read as follows: 

§ 117.3 Definitions. 

In addition to the definitions in §§ 1.1 

and 110.2 of this chapter, the following 

definitions apply to this part. In the 

event there is a conflict in definitions, 

the definitions in this part control for 

purposes of the flight and duty 

limitations and rest requirements of this 

part. 

* * * * * 

§ 117.11 [Corrected] 

■ 2. On pages 399 and 400, in the third 

column on page 399 and the first 

column of page 400, in § 117.11, correct 

paragraph (c) to read as follows: 

§ 117.11 Flight time limitation. 

* * * * * 

(c) Each certificate holder must report 

to the Administrator within 10 days any 

flight time that exceeded the maximum 

flight time limits permitted by this 

section or § 117.23(b). The report must 

contain a description of the extended 

flight time limitation and the 

circumstances surrounding the need for 

the extension. 

* * * * * 

§ 117.19 [Corrected] 

■ 3. On page 400, in the third column, 

in § 117.19, correct paragraph (b)(4) to 

read as follows: 

§ 117.19 Flight duty period extensions. 

* * * * * 

(b) * * * 

(4) Each certificate holder must report 

to the Administrator within 10 days any 

flight duty period that either exceeded 

the cumulative flight duty periods 

specified in § 117.23(c), or exceeded the 

maximum flight duty period limits 

permitted by Tables B or C of this part 

by more than 30 minutes. The report 

must contain a description of the 

circumstances surrounding the affected 

flight duty period. 

§ 117.23 [Corrected] 

■ 4. On page 401, in the first column, in 

§ 117.23, paragraph (c)(1) is corrected to 

read as follows: 

§ 117.23 Cumulative limitations 

* * * * * 

(c) * * * 

(1) 60 flight duty period hours in any 

168 consecutive hours or 

* * * * * 

§ 117.29 [Corrected] 

■ 5. On page 401, in the third column, 

in § 117.29, correct paragraph (e) to read 

as follows: 

§ 117.29 Emergency and government 

sponsored operations. 

* * * * * 

(e) Each certificate holder must report 

within 10 days: 

(1) Any flight duty period that 

exceeded the maximum flight duty 

period permitted in Tables B or C of this 

part, as applicable, by more than 30 

minutes; 

(2) Any flight time that exceeded the 

maximum flight time limits permitted in 

Table A of this part and § 117.11, as 

applicable; and 

(3) Any flight duty period or flight 

time that exceeded the cumulative 

limits specified in § 117.23. 

* * * * * 

§ 121.470 [Corrected] 

■ 6. On page 403, in the first column, in 

§ 121.470, correct paragraph (b) to read 

as follows: 

§ 121.470 Applicability. 

* * * * * 

(b) Certificate holders conducting 

scheduled operations entirely within 

the States of Alaska or Hawaii with 

airplanes having a passenger seat 

configuration of more than 30 seats, 

excluding each crewmember seat, or a 

payload capacity of more than 7,500 

pounds, may comply with the 

requirements of this subpart or subpart 

R of this part for those operations. 

* * * * * 

Issued in Washington, DC, on November 

12, 2013. 

Mark W. Bury, 

Assistant Chief Counsel for International Law, 

Legislation, and Regulations Division, AGC– 

200. 

[FR Doc. 2013–27539 Filed 11–18–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

15 CFR Part 400 

[Docket No.: 131105932–3932–01] 

RIN 0625–AA98 

Import Administration; Change of 

Agency Name 

AGENCY: Foreign-Trade Zones Board, 

International Trade Administration, 

Commerce. 

ACTION: Final rule; nomenclature 

change. 

SUMMARY: Effective October 1, 2013, the 

Department of Commerce (Department), 

through internal department 

organizational orders, changed the name 

of ‘‘Import Administration’’ to 

‘‘Enforcement and Compliance.’’ 

Consistent with this action, this rule 

makes appropriate conforming changes 

in part 400 of title 15 of the Code of 

Federal Regulations. 

The rule also sets forth a Savings 

Provision that preserves, under the new 

name, all actions taken under the name 

of Import Administration and provides 

that any references to Import 

Administration in any document or 

other communication shall be deemed 

to be references to Enforcement and 

Compliance. 

DATES: This rule is effective on 

November 19, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Andrew McGilvray, Executive 

Secretary, Foreign-Trade Zones Board, 

Telephone: (202) 482–2862; Joanna 

Theiss, Attorney, Office of Chief 

Counsel for Trade Enforcement and 

Compliance, Telephone: (202) 482– 

5052. 

SUPPLEMENTARY INFORMATION: 

Background 

This rule implements the decision by 

the Department of Commerce, through 

internal Department Organizational 

Order 10–3 (effective September 18, 

2013) and Department Organizational 

Order 40–1, (effective September 19, 

2013), to consolidate and reorganize 

certain Department organizational 

functions and revise the name of 

‘‘Import Administration’’ to 

‘‘Enforcement and Compliance.’’ The 

revision more accurately reflects the 

breadth of the agency’s activities with 

respect to the enforcement of, and 

compliance with, U.S. trade laws. 

Consistent with the consolidation and 

name change, this rule makes a number 

of changes in part 400 of title 15 of the 


TKELLEY on DSK3SPTVN1PROD with RULES